Showing posts with label Irish. Show all posts
Showing posts with label Irish. Show all posts

Saturday, 5 September 2009

Ireland from megaliths to the second Lisbon Treaty referendum

The EU Treaty of Lisbon was agreed among 27 national governments and it has been approved by 26 national parliaments. Ireland is different: The existing interpretation is that this international treaty requires a referendum and the supposedly pro-European Irish voters baffled the rest of Europe by rejecting the Lisbon Treaty in June 2008.

In a few weeks time, the Irish are going to vote again, with assurances that each member state will retain a Commissioner and with clarifications regarding issues, which caused confusion ahead of the first referendum.

In order to understand a bit more about Ireland and the Irish, I found an excellent book in French: Histoire de l’Irlande et des Irlandais, by Pierre Joannon. (Éditions Perrin, 2009, 825 pages, 12 €).



This history guides the reader from the age of the monoliths to about 2005. The fresh pocket edition adds a chapter (Épilogue provisiore), which takes us to the present days of the wounded Celtic Tiger and to the threshold of the second Lisbon referendum.

As a non-expert reader, I can only offer my impression: Joannon manages to combine his deep sympathy for the Irish with a scrupulous effort to present the facts correctly. A great read for Europeans keen to understand more about Erin, and why not for the Irish themselves at their historic crossroads, with prosperity and Europe in the balance.


Ralf Grahn

Saturday, 14 March 2009

European Parliament: Amendments Rules of Procedure

The European Parliament’s Rules of Procedure regulate the proceedings in the EP. They build on parliamentary traditions and their aim is the orderly conduct of parliamentary business. But ‘objective’ rules may or may not favour larger groups at the expense of smaller ones or non-attached members. In other words, they can have political consequences.

With a view to serve MEP candidates and campaign groups, journalists, researchers, students and interested citizens, we take a look at some procedures (2008 and 2009) to amend or interpret the Rules of Procedure of the European Parliament.

This overview shows that refining and interpreting the Rules of Procedure is an ongoing work.


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Interpretations appended


On 2 September 2008 the European Parliament decided to append the following interpretation to Rule 182.
1. Decides to append the following interpretation to Rule 182:"
Rule 182(1) does not preclude the chair of the main committee from involving the chairs of the subcommittees in the work of the bureau or from permitting them to chair debates on issues specifically dealt with by the subcommittees in question – indeed, it allows this – provided that this way of proceeding is submitted to the bureau in its entirety for its consideration and that it receives the bureau's agreement.

Source: Resolution P6_TA-PROV(2008)0388 ; procedure REG/2008/2075.

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On 19 February 2009 the European Parliament approved two interpretations, which were appended to the Rules in question:

1. Decides to append the following interpretation to Rule 47:"

For the purposes of examining international agreements under Rule 83, the procedure with associated committees set out in Rule 47 may not be applied in relation to the assent procedure under Rule 75.
"
2. Decides to append the following interpretation to Rule 149(4):"

Members who have asked for the quorum to be established must be present in the Chamber when the request is made.

Source: Resolution P6_TA-PROV(2009)0080 ; Procedures REG/2009/2017 and REG/2008/2327.

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AFCO interpretation

The Committee on Constitutional Affairs, which had been consulted on the application of Rule 179(3), provided the following interpretation on that provision:
'If Parliament, acting pursuant to Rule 175 of the Rules of Procedure, has conferred a task on a temporary committee, no committees shall be asked for their opinions, unless determined otherwise on the basis of the mandate approved by Parliament or of decisions taken by the temporary committee in the light of that mandate.'

Source: Procedure REG/2008/2076.

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Amendment of Rule 81 on implementing measures

On 8 May 2008 the European Parliament amended rule 81(4)(a) on implementing measures, by Resolution P6_TA(2008)0190:

(a) the time for scrutiny shall start to run when the draft of measures has been submitted to Parliament in all official languages. Where shorter time-limits apply (Article 5a(5)(b) of Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission) and in cases of urgency (Article 5a(6) of Decision 1999/468/EC), the time for scrutiny shall, unless the Chair of the committee responsible objects, start to run from the date of receipt by Parliament of the final draft implementing measures in the language versions submitted to the members of the committee established in accordance with Decision 1999/468/EC. Rule 138 shall not apply in this case ;

Sources: Procedure REG/2008/2027; AFCO Report A6-0108/2008 included the justification (explanation), which concerns implementing powers delegated to the Commission.


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Duties of the EP President

On 31 January 2008 the European Parliament adopted a Resolution interpreting the duties of the President, with the aim to curb the use of procedural means (for minority groups) to prolong the sittings of Parliament. The wording gives its blessing to the decisions already taken by the EP President to refuse demands for time-consuming procedures by “fringe” groups:

1. Adopts the following interpretation of Rule 19:"
'Rule 19(1) can be interpreted as meaning that the powers conferred by that Rule include the power to call an end to the excessive use of motions such as points of order, procedural motions, explanations of vote and requests for separate, split or roll-call votes where the President is convinced that these are manifestly intended to cause and will result in a prolonged and serious obstruction of the procedures of the House or the rights of other Members';

Sources: Resolution P6_TA(2008)0024; procedure REG/2008/2016.


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Transitional language rules

On 11 March 2009 the European Parliament adopted a resolution to prolong the provisional derogations with regard to the use of especially Irish and Maltese until the end of the parliamentary term from 2009 to 2014.

Because the Resolution is fresh and requires attentive reading, but may be of interest to some of the visitors to this blog, we present the explanatory text as well:


The European Parliament ,
– having regard to Article 290 of the EC Treaty,
– having regard to Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community(1) , as last amended by Council Regulation (EC) No 920/2005(2) ,
– having regard to the Code of Conduct on Multilingualism adopted by the Bureau on 17 November 2008,
– having regard to the Bureau's decision of 13 December 2006 on a derogation from Rule 138 and its subsequent decisions extending that derogation until the end of the current parliamentary term,
– having regard to Rules 138 and 139 of its Rules of Procedure,
A. whereas, pursuant to Rule 138, all Parliament's documents are to be drawn up in the official languages, and all Members have the right to speak in Parliament in the official language of their choice, with interpretation into the other official languages,
B. whereas, under Rule 139, derogations from Rule 138 are permissible until the end of the sixth parliamentary term if, and to the extent that, despite adequate precautions, the linguists required for an official language are not available in sufficient numbers; whereas with respect to each official language for which a derogation is considered necessary, the Bureau, on a proposal from the Secretary-General, shall ascertain whether the conditions are fulfilled, and the Bureau shall review its decision every six months,
C. whereas, on 13 December 2006, the Bureau accepted that the difficulties of providing sufficient language cover for Maltese, Romanian, Bulgarian and Irish were such that the conditions were fulfilled for a derogation from Rule 138 in respect of each of those languages; whereas by subsequent Bureau decisions those derogations have been extended such that, from 1 January 2009 until the end of the parliamentary term, a derogation applies in respect of Bulgarian and Romanian (interpretation), Czech (interpretation during the Czech Council Presidency), Maltese (interpretation and translation) and Irish (interpretation, translation and legal-linguistic verification),
D. whereas Council Regulation (EC) No 920/2005 provides for temporary (renewable) derogation measures for a five-year period in respect of Irish,
E. whereas, despite all adequate precautions, the capacity in Irish and Maltese is not expected to be such as to allow a full interpretation service in those languages from the beginning of the seventh parliamentary term; whereas, for certain other languages, although there will be sufficient capacity to cover the needs arising from the usual activities of Parliament, the number of interpreters may not be sufficient to allow full coverage of all the extra needs expected during the Council Presidencies of the Member States concerned during the seventh parliamentary term,
F. whereas, despite sustained and continuous interinstitutional efforts, the number of qualified translators and lawyer-linguists is still expected to be so limited as regards Irish that, for the foreseeable future, only a reduced coverage of that language can be assured; whereas Council Regulation (EC) No 920/2005 does not require legislation of the European Union adopted before 1 January 2007 ('the Acquis ') to be translated into Irish; whereas, as a result of the derogation measures laid down in that Regulation, only Commission proposals for codecision regulations are currently being presented in Irish and, as long as this situation persists, it will not be possible for Parliament's services to prepare Irish versions of other types of legal act,
G. whereas, during the seventh parliamentary term, other European States may become members of the European Union; whereas, for the new languages concerned, linguists may not be available in sufficient numbers from the day of accession, which will require transitional measures,
H. whereas Rule 139(4) provides that, on a reasoned recommendation from the Bureau, Parliament may decide, at the end of the parliamentary term, to extend that Rule,
I. whereas, in the light of the foregoing, the Bureau has recommended that Rule 139 be extended until the end of the seventh parliamentary term,
1. Decides to extend the applicability of Rule 139 of Parliament's Rules of Procedure until the end of the seventh parliamentary term;
2. Instructs its President to forward this decision to the Council and the Commission for information.

Source: Procedure RSO/2009/2563; Resolution P6_TA-PROV(2009)0116.


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Earlier procedures

Earlier procedures were omitted, but here are some from 2007 in short form:

REG/2007/2272 plenary proceedings; Corbett
REG/2007/2266 Rule 121 on ECJ proceedings; Botopoulos
REG/2007/2240 symbols of the Union; Carnero González
REG/2007/2170 interprettion Rule 116; Corbett
REG/2007/2137 Rule 173 verbatim reports; Corbett



Ralf Grahn

Saturday, 14 June 2008

Derailed by Irish Lisbon Treaty vote

I have to admit that I was derailed by the Irish vote on the Treaty of Lisbon. I would have placed no bets on the outcome, but I had not expected such a clear rejection of the amending treaty. Being a fan of Ireland and the Irish, I surely wanted to see them as companions on the road to an improved European Union, but it was not for me to decide.

Ireland has its own constitutional requirements. If a referendum is deemed to be called for each time the European Union needs to update its treaties, who am I to argue that it is an exceedingly blunt instrument to handle complex questions?

We parted company amicably, they in adventurous search of new and uncharted territory, I stolidly continuing along the road to EU reform.

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Nobody should ram an unwanted treaty, once rejected, down their throats. But sooner or later the focus will shift from referendum counts and causes to the future. For the Irish people and government a novel expedition commences: to define their collective aspirations with regard to Europe after opting out of treaty reform.

The first chances at the European level come next week, when the foreign ministers meet Monday and the heads of state or government a few days later. Does the Irish government know what to propose, or will it require more analysis of the reasons for rejection?

Anyway, it is heartening to know that Ireland is not going to obstruct progress for the EU member states willing and able to move ahead. It is important for the other EU countries, but it will make them more receptive to Ireland’s concerns.

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Two thirds or 18 of the EU members have already completed the essential requirements for ratification of the Lisbon Treaty. Eight have yet to ratify the treaty in accordance with their constitutional requirements. Possibly Ireland will be joined by one or a few countries belonging to that group.

The circumstances surrounding the Lisbon Treaty have changed as a result of the Irish rejection. This means that the ratifying states have to take a new position on the entry into force of the Treaty of Lisbon.

While the ratifying member states should respect the outcome in Ireland, they are entitled to the same amount of respect for their own aspirations to bring an almost decade long reform cycle to a conclusion.

This means that the Lisbon Treaty, initially requiring ratification by all member states, has to be adjusted to the changed circumstances. The main requirement is that the treaty has to enter into force between the ratifying states. Additionally a number of technical adaptations are needed, without altering the substance of the treaty.

The shift from the present European Union to the new one may call for the re-establishment of the EU, leaving the relationship with the relative outsider(s) to be determined separately.

Clear signals from the EU foreign ministers and the heads of state or government should be forthcoming next week.

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Yes, I was derailed by the outcome of the Irish referendum. Instead of the customary post on the following Article of the Treaty on the Functioning of the European Union (TFEU), I strayed. For an evening and a day I fell for the temptation to respond to comments and to read and to comment on blogs discussing the referendum in Ireland.

Formally, the Irish voters had derailed the Treaty of Lisbon for the whole European Union. In practice, it appears, they had only opted out of a process set to continue. Even in the worst case, the reform process needs recording, since the underlying aspirations are not going to disappear.

Therefore, the service on this blog will continue in a short while, in boring detail.


Ralf Grahn

Saturday, 16 February 2008

Consolidated Lisbon Treaty Update

People continue to arrive at this blog looking for a consolidated version of the Treaty of Lisbon.

The last update of the list of consolidated language versions is not that old, published 8 February 2008. But since then a few kind souls have told us about new consolidations, and I have been able to take a look at some complementary sources. Therefore, the time for an update has come.

Let us remember that the European Union has 23 treaty and official languages. The intergovernmental conference itself professed its belief in linguistic diversity, and encouraged the translation of the treaties into regional and minority languages by the member state governments.

As far as I know, with the exception of a leaked French version from the European Parliament, none of the consolidations has been produced by the EU institutions, and only one directly by a government. The rest have been compiled by parliaments, think-tanks, NGOs and private citizens.

The nine or ten languages with consolidated versions published to date cover only parts of our community of 490 million citizens.

Here is an updated list of the language versions found this far (almost all in pdf format), with the languages mentioned in alphabetical order in English:


Danish

The EU information of the Danish parliament communicates actively. Some information is available in English, too. The consolidated Lisbon Treaty is an update.

Folketingets EU-Oplysning: Sammenskrevet udgave af udkastet til Lissabon-traktaten og det gaeldande traktatunderlag; Bind 1 Traktater, Bind 2 Protokoller og erklaeringer;
http://www.eu-oplysningen.dk/emner/reformtraktat/reform/sammenskrevet/


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Dutch

The DJ Nozem blog pointed me towards this new consolidation in Word format, compiled by René Barents and posted on the web site of the daily NRC Handelsblad.

René Barents: Geconsolideerde teksten van het Verdrag betreffende de Europese Unie en het Verdrag betreffende de werking van de Europese Unie zoals gewijzigd door het Verdrag van Lissabon
http://www.nrc.nl/redactie/Europa/verdraglissabon_barents.doc

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English

IIEA

Peadar ó Broin at the Institute of International and European Affairs (Dublin, Ireland) has produced a complete updated consolidation of the amended treaties, including the protocols and annexes, in a format easy to read (pdf).

Treaty on European Union
Treaty on the Functioning of the European Union
Annexes to the EU and FEU Treaties
Protocols to the EU and FEU Treaties and, where appropriate, to the EAEC Treaty

Go to http://www.iiea.com


Statewatch

Professor Steve Peers has painstakingly compiled an annotated version consisting of several files for the Statewatch Observatory on the EU Constitution and the Reform Treaty, where similarities and differences between the different reform stages are highlighted. Informative, if you know what you are looking for.

Go to http://www.statewatch.org


FCO

The UK Foreign and Commonwealth Office published a complete consolidated version of the Treaty of Lisbon. The ratification debate in the House of Commons is ongoing.

The FCO web pages on Britain in the EU contain both general information on the Reform Treaty and answers on specific questions in addition to the consolidation I just mentioned. For the consolidated version of the Lisbon Treaty, see Command Paper 7310 ‘Consolidated texts of the EU Treaties as amended by the Treaty of Lisbon’:

http://www.fco.gov.uk/Files/kfile/FCO_PDF_CM7310_ConsolidatedTreaties.pdf

The FCO also published Command Paper 7311 ‘A comparative table of the current EC and EU Treaties as amended by the treaty of Lisbon’, which briefly sets out the similarities and differences between the Lisbon Treaty and the other relevant Treaties article by article. Available through the Official Documents web page (as is Cm 7310 mentioned above):

http://www.official-documents.gov.uk/


Markus Walther

Markus Walther, a German student from Leipzig, who produced and published a German consolidated version of the EU Treaty of Lisbon on his web site, posted an English readable consolidated version as well (a preliminary document without protocols and charter).

Go to http://www.mwalther.net/europa/eulaw-lisbon-mwalther.pdf


Open Europe

Open Europe produced a consolidated version with the Treaty of Lisbon and the Treaty establishing a Constitution for Europe presented side by side for convenient comparison.

Open Europe: The Lisbon Treaty and the European Constitution: A side-by-side comparison; January 2008;

http://www.openeurope.org.uk/research/comparative.pdf


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Finnish

Europe Information, of the Ministry for Foreign Affairs, has promised a consolidated version during the spring.

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French

Europa-EU-Audience

The bilingual web site en.europa-eu-audience found two unofficial parallel versions of the amending treaties in French, side by side with the current ones:

http://europa-eu-audience.typepad.com/fr/files/EP_TCE_versus_TFU_Final.doc

http://europa-eu-audience.typepad.com/fr/files/EP_TUE_versus_TUE_final.doc


Assemblée nationale

Assemblée nationale : Rapport d’information sur les modifications apportées par le traité de Lisbonne au traité sur l’Union européenne et au traité instituant la Communauté européenne, par M. Axel Poniatowski ; No 439, 28 novembre 2007 ;

http://www.assemblee-nationale.fr/13/pdf/rap-info/i0439.pdf


Later, the French National Assembly has presented a consolidated version of the Treaty of Lisbon side by side with the current treaties. Look for Assemblée Nationale: Rapport d’information déposé par la Délégation de l’Assemblée Nationale pour l’Union Européenne, sur le traité de Lisbonne ; No 562, Tome 2, 8 janvier 2008 :

http://www.assemblee-nationale.fr/13/dossiers/traite_lisbonne_due_information.asp


Jean-Luc Sauron

Jean-Luc Sauron: Comprendre le Traité de Lisbonne – Texte consolidé intégral des traités – Explications et commentaires ; Gualino éditeur, Paris 2008 ; 351 p. (Prix 20 €)

The book (pages 141 – 351) contains, in a handy format, consolidated versions of the amended Treaty on European Union, the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights and the Explanations relating to it as well as a modest Index.

In principle, the Treaty texts are based on a version from 30 October 2007, but footnotes take later modifications into account.


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German

Markus Walther

Markus Walther: Das Primärrecht der Europäischen Union; Endfassung, Stand 18. Dezember 2007; (updated after signing)
http://www.mwalther.net/union.html


Klemens H. Fischer

The book “Der Vertrag von Lissabon – Text und Kommentar zum Europäischen Reformvertrag”, by Klemens H. Fischer (Nomos, Stämpfli Verlag and Verlag Österreich) describes the EU reform process and especially the IGC 2007 before it presents consolidated and annotated versions of the TEU and TFEU including protocols and declarations. The accompanying CD-Rom contains background material and three different consolidations of each treaty: with amendments highlighted and footnotes, with amendments highlighted and a neutral consolidated version.


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Hungarian

Two sources reported that the Hungarian government has published a consolidation of the Lisbon Treaty, although was not able to verify it. But I encourage anyone with the linguistic and technical skills to search (and to report back).


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Irish Gaelic

A consolidation in Irish Gaelic has been announced by the Institute of International and European Affairs, Dublin.
Go to http://www.iiea.com

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Portuguese

Peadar ó Broin reported on a version in Portuguese also, prepared by the Portuguese Ministry of Foreign Affairs:

http://www.eu2007.pt/NR/rdonlyres/1D96311C-F90D-4E97-B355-DFEA0DD1ABEA/0/TLconsolidado.pdf

Alternatively, you can link to the text via the website for the Ministry of Foreign Affairs:

http://www.mne.gov.pt/

Or you can link via the website for the Portuguese Presidency of 2007:

http://www.eu2007.pt/UE/vPT/Presidencia_Conselho/TratadoLisboa.htm


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Spanish

Real Instituto Elcano offers a complete updated consolidation, with protocols and declarations, in Spanish, compiled by José Martín y Pérez de Nanclares and Mariola Urrea Corres. The former has written an introductory study.

http://www.realinstitutoelcano.org


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Swedish

Sieps – Svenska institutet för europapolitiska studier, the Swedish Institute for European Policy Studies, has published a complete consolidated Swedish language version of the Lisbon Treaty.

Ladda ned Lissabonfördraget - Konsoliderad version av EU:s fördrag (pdf)
Ladda ned Lissabonfördraget – Protokoll mm (pdf)

http://www.sieps.se

The publisher SNS Förlag has announced a handy pocket version of the Treaty of Lisbon in Swedish, to be published 29 February 2008. If the new publication follows the pattern of the previous pocket treaties by SNS, it will contain the bare treaty texts.

http://www.sns.se


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If the number of languages with consolidated versions was seven or eight (Hungarian attested but not verified) last time the list was published, we now know of 9 or 10 official EU languages covered out of 23.

Are there more consolidated versions the citizens of the European Union should be aware of?

I am most grateful, if you want to share your knowledge on the Treaty of Lisbon with me and other EU citizens: consolidated versions as well as books and resources, such as official documents from the member states’ governments and parliaments, scholarly assessments and popular literature, plus information on the ratification processes.


Ralf Grahn

Wednesday, 13 February 2008

Consolidated Lisbon Treaty in Irish and Portuguese

I am happy to share with you the message I received from Peadar ó Broin, of the Institute of International and European Affairs (IIEA), in Dublin, Ireland, on two new language versions of the Treaty of Lisbon:

“Hi Ralf,

Just to let you know that the Irish Gaelic consolidated version of the Treaties will go up on the IIEA's website this Monday.

I noticed that there is now a version in Portuguese also, prepared by the Portuguese Ministry of Foreign Affairs: http://www.eu2007.pt/NR/rdonlyres/1D96311C-F90D-4E97-B355-DFEA0DD1ABEA/0/TLconsolidado.pdf

You can link to the text via the website for the Ministry of Foreign Affairs: http://www.mne.gov.pt/ and via the website for the Portuguese Presidency of 2007: http://www.eu2007.pt/UE/vPT/Presidencia_Conselho/TratadoLisboa.htm

Thanks also for your daily illuminations on the Treaty of Lisbon. I noticed you got high praise from the folks who work on EU Law Blog - congrats!

Best regards,

Peadar”

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For the Irish version and just to remind you: The IIEA has already published the complete Lisbon Treaty, the TEU, the TFEU and the Annexes as well as the Protocols, in English.

Go to http://www.iiea.com

If the number of languages with consolidated versions was seven or eight (Hungarian attested but not verified), we now know of 9 or 10 official EU languages covered out of 23.

Then there are a few alternative consolidations in French and German that I will try to include next time I update the list (last published 8 February 2008).

Are there more consolidated versions we should know about?


Ralf Grahn